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Showing 1705–1728 of 3,358 articles for “ces”

Procedural Due Process and the Right to Be Heard in Philippine Land Disputes

Philippine courts weigh procedural due process in land disputes, balancing technical rules against substantive justice for all parties.

People v. Abulon: Penetration, Consent, and Rape by Sexual Assault in the Family Home

A 2007 Supreme Court ruling on incestuous rape clarifies when tongue insertion counts as rape, when it is acts of lasciviousness, and how a father's moral sway replaces force.

Misrepresentation and Due Process in Seafarer Medical Claims: De Jesus v. POMI

The Supreme Court ruled that a seafarer's concealment of a prior ulcer did not bar medical claims, and that dismissal requires the contract's disciplinary procedure.

Upholding Employers' Rights: Just Cause and Due Process in Employee Dismissal

Supreme Court clarifies the twin requirements of just cause and due process in terminating employees, affirming dismissals for misconduct and insubordination.

Bail Without Court Order: When a Clerk of Court May Refuse Cash Bond

Philippine Supreme Court ruling on when a clerk of court may refuse a cash bond and the consequences for lawyers who file baseless administrative complaints.

Termination Disputes Defining the Scope of Voluntary Arbitration in Illegal Dismissal Cases

The Supreme Court clarifies when voluntary arbitration applies in illegal dismissal cases and the rules on due process and nominal damages.

Immoral Conduct and Due Process in Termination Cases: Balancing Employer Rights and Employee Protection

Philippine Supreme Court ruling on illegal dismissal clarifies labor arbiter jurisdiction, just cause requirements, and due process in termination disputes.

Due Process and Property Rights in Housing Programs: Lessons from Espinocilla v. Bagong Tanyag

The Supreme Court clarifies that due process in housing programs requires notice and hearing, not vested property rights from mere occupancy.

Incestuous Rape: How a Parent's Moral Influence Can Substitute for Force

The Supreme Court explains how a father's moral ascendancy over his child can replace force or intimidation in incestuous rape cases.

Upholding Employer Authority: Willful Disobedience and Seafarer Dismissal in the Philippines

Philippine Supreme Court ruling on willful disobedience as valid cause for seafarer dismissal, with due process indemnity explained.

Barangay Official Removal: Due Process and Immediate Execution Under the Local Government Code

Learn how the Supreme Court clarified that decisions removing barangay officials are immediately executory, despite the right to appeal.

Rape AND THE Element OF Force Examining THE Totality OF Circumstances IN Philippine LAW

Just Compensation in Agrarian Cases: Courts Must Follow DAR Valuation Formula

Philippine Supreme Court reminds courts that just compensation in agrarian reform cases must follow the DAR formula, not merely adopt neighboring land prices.

Dereliction of Duty Consequences for Unapproved Absences in Public Service

Court employee dropped from rolls and fined for prolonged AWOL. Learn the civil service rules on unauthorized absences.

Docketing Errors and Their Fatal Consequences on Appeals

Learn how docketing mistakes can doom an appeal, with rules and examples from Philippine jurisprudence.

Ombudsman vs CSC: Who Sets Qualification Standards for Constitutional Offices

Supreme Court ruling on whether the CSC or the Ombudsman sets qualification standards for Director II positions in the Office of the Ombudsman.

Successor Liability: BI Case Dismissed for Lack of Substitution of Public Officer

Learn when a case against a public officer must be dismissed for failure to substitute a successor under Rule 3, Section 17.

Appeal Bonds in Labor Disputes: Balancing Access to Justice and Protection of Workers' Rights

Philippine Supreme Court ruling on appeal bonds in labor cases, balancing workers' access to justice with procedural rules.

Contempt of Court: The Necessity of Verified Petitions and Due Process

Learn how the Supreme Court nullified a contempt ruling for lack of a verified petition and violation of due process rights.

Upholding Judicial Integrity: Consequences of Impropriety and Insubordination in the Philippine Judiciary

A clerk of court dismissed for gross dishonesty and grave misconduct over misappropriated cash bail bonds, reaffirming the judiciary's high ethical standards.

Usury Law in the Philippines: When Courts Cut Excessive Interest Rates

The Supreme Court struck down a 48% annual interest rate as unconscionable in Bulos v. Yasuma, showing courts can reduce excessive loan interest even without the Usury Law.

Petty Thievery and Breach of Trust: Accountability for Court Personnel

Explore the Supreme Court's firm stance on court personnel accountability, emphasizing integrity and the severe consequences of misconduct.

Attorney Discipline in Nullity Cases: Due Process and Compliance Standards

Supreme Court clarifies lawyer discipline standards in nullity cases, requiring clear evidence and due process before sanctions.

Publication Requirement for Tax Ordinances: A Prerequisite to Enforceability

Philippine Supreme Court clarifies that publication of local tax ordinances is a condition precedent to their enforceability and collection.